The Board denied the Veteran's claims for an effective date earlier than April 24, 2006, for service connection of right hand condition and residuals of a right foot shrapnel wound with scar. The decision also dismissed the Veteran's appeal regarding entitlement to increased evaluation for sensorineural hearing loss and service connection for tinnitus due to untimely filing of substantive appeals.
The deciding factor: The Board found that the Veteran did not file timely substantive appeals, which resulted in the dismissal of his claims for an earlier effective date. The decision also noted that the same evidence used to deny the claim in 2001 was used again in 2007 when reopening the claim.
- Claimed conditions
- sensorineural hearing loss, tinnitus, right hand condition, residuals of a right foot shrapnel wound with scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2010
- Citation
- 1029570
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1029570.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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